Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-05-04
lNFoR NATION
.~...foR....
OWNERS AND LOcAT0Rs
....of....
ia T - ~r -R.-w

APPLICATION FOR PATENT.

ASn A4ENT
Where papers have once been filed v,,h .
neBister and Receiver they become A na'ae
the record, and can neither be witbdpaf part Of
returned, but must be Transmitted IN .SNh nor
eral Land Once. 'ne Gen
An application will be rejected when ~.
scfiptlon OF the premises is erroneonsn
sufficient. Or
Application for patent will be re,o,..,
cause: AeJected be.
First The notice was published wi,h,...
knowledge of the Register. 0a'the
notice was not publ,sha ;.
LAM designated az published %neGssttss
Third-Record title was found ss,...-
and "A1 ~usiseass,
Fourth-A previous application b.a
msue ior the same premises, which wac ~
drawn pending a suit in Court ommsn WV.
the adverse claimant, nooo Dy
An application for patent will he ra,u..,
Wheh the survey does not accurateIv dssn"
boundaries OF the claim. ucnneta me
ance with law. Al sccofd.
Where several parties own separate ana A.
tinct portions of o claim. snnI,c = us
patent may be made by either for tn a. nn. III
OF the claim owned by him but whers so-a.a I
paIues own nndiyided interests in . mining
claim all should join in an application snas
patent. iors
A person or association may pnrcbs.a.
many placer locations rs the local law adm,a
ana embrace them all In one application for.
patont. i"s
Two or more lodes cannot be amh,..o
one application for o patent except for Mac.
claims embracing two or more lodes witb,a
their boundarie "u~
Papers sworn to before any person nu,no,,
ing 70 act as . deputy for the Register and Re-
ceiver cannot be recorded "a eyidenca
In all patents for mining claims ,,tn....
within the interior boundaries OF a town s,s
8 clsuse is Inserted excepting and eYoIndins
all town property, rights upon the surface
ana VI houses, buildings, structures, lots
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee ba,s
In, and all rights necessary or proper In ths
occupation, possession and enjoyment OF thu
same"
Publication of notice must be msda n o,,u
one newspaper for the period Of so DAYS ""'
Notice must be published 10 eonsacr,;ro
weeks in weekly newspapers. aud in daily
newspapers so days must elapse between The
first and last insertions.
Where the Register designstes the DIV tssua
OF q newspaper fer publication Of notices of a
mining application for patent IL is not q com.
pliance with law TO change to the weekly eot.
ton OF the same paper without authority Of
the Register.
The existence of q salt spring on . tract Of
land withdrsws 1t from the operation of the
homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character OF such land is not allowed. Land
containing valuable deposits Of slate may DO
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers in al adverse claim, orce fled,
cannot be withdrawn, but becomes q part Of the
record.
When an adverse claim has been hled 1t can.
not he AnendRd an ma 10 amhrAca n larOar NJ
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made ont ia
proper form and filed in the proper local Office
during the period of publication OF the appli.
cation for the patent to be effective.
1t Is the duty of the adverse claimant .
commence suit in proper form within the re
quired time. and IL he trusts ,he uncertain
medium of the United States mail he mus
abide the consequences, should the delF
ensue, through misfortune or accident. shoua
the failure to commence suit be the result d
the cor rupt or dishonest action of his attorney
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in De.
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions OF law, without stating the
facts specially, Will not be considered In evi.
dence.
An adverse claimant should show q compli.
ance with the local laws in recording his claim
and in regard TO ex penditures. aud shall hle q
copy of the original notice of HIS location, and
show the nature or extent Of the conflict
alleged.
An allegation of parties to q suit that they
| compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locatora or the identical parties who
present the adverse claim.
AGRICULTURAL Or MINERAL LANDS.
Where land is of little. If any value, for sgr.
cultural purposes, but 10 essential to the
proper development of mining claims, II
should be disposed of under the Mining Act,
Where lands containing vsluable mineral
deposits have been Included in an agricultural
entry, said entry will be Cancelled at any time
prior to issuance of patent, upon satisfactory
evidence of the existence of such valuable de-
postts.
where valuable deposits of mineral are dis.
covered upon q tract sfter the same has been
en- tered as agricultural, but before ! stent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled to
that portion of the land embraced BY said
mining claim.
Where mineral deposits are discovered on
| agricultural lands after the patent hiss been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived in payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF it. provided he becomes q onzen
before disposing of the mine. Proof that tne
| party was not q citizen before disposlng OF MS
| claim must be afhrmatively shown.
Locators and Intermediate owners, otuef
than applicants, will not be presumed aliens,
in the absence Of allegation or objection phof
to issuance of patent.
The portion Of q mining claim SOLO w
alien cannot be patented while such ovne.s
an alien; but on his declaration, o becomos
citizen his right dates back to his purensss,
aud he may thereupon secure United 0's''
patent for his claim.
GROSS LEDaEs.
Revised Statutes. Section 1885: 800.
Where two or more lodges cross or inter..vS,
each other, priority Of title shall govern, =
such prior location shall be entitled TO az y.
or mineral contsined within the space Oh W.
section. but the subsequent location snsiins,s
the right Of way through the space OF a,snt
section for the purpose Of the convenasrs
working Of the mine. And where two OF rt wi
veins unite the oldest or prior location sn ~.
take the vein below the point OF unioh' ~
GLIDING all the space of intersection
There ia no authority of law for q tunne,
location 5000 by 800 feet. A proper toca'0N
- To- a NM fant